Illegal Online Gambling Penalty

Misdemeanor fines for gambling are quite common, and range from a few hundred dollars up to $1,000 or more. Felony gambling fines can be significant, sometimes as much as $20,000 or more. Fines can be separate from, or in addition to, jail or prison sentences. There’s a price to pay for operators offering illegal gambling services within the Netherlands and now, that price has been increased by 75% in a bid to deter such activities taking place. The gambling regulator of the Netherlands, Kansspelautoriteit (KSA), slapped €50,000 on the previous fine, taking it to €200,000, after the country’s Senate agreed. Drug Trafficking/Gambling Ring Dismantled. A former California college athlete charged with running an international drug trafficking and illegal gambling organization was sentenced to.

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Unfortunately, some countries seem to be behind on the times. Rather than creating safe places for people to place wagers, or regulating betting venues to ensure integrity, they ban it.
Of course, as history shows, this is totally ineffective. While most jurisdictions focus on penalties for the casino operator or betting hall, others target the individual players.
If you’re based in an area that permits gambling, but sometimes travel to other countries, it’s a good idea to become familiar with the local laws.
Middle East/ West Asia
Much of the Middle East operates under Islamic laws, which do not permit gambling of any kind. Although some areas permit betting on races, it’s generally best to avoid it altogether. There are a
few places which have clear laws against casinos and other betting venues, like Kuwait and Qatar, but the penalties for placing wagers is not obvious. Some reports indicate that at least one gambler
was beheaded in 2011 in Kuwait as a penalty for gambling, but this cannot be confirmed. If you travel to the Middle East and wish to gamble, even if it’s only online, be sure to verify whether it is

Illegal Online Gambling Penalty Rules

permitted in your exact location. A few areas with known policy are detailed below.
  • Bangladesh- Horseracing and some other contests involving prizes are permitted, but most other forms can result in one month of imprisonment and a fine of 100 taka.
  • Brunei- All forms of gambling are illegal in Brunei. They actually take it a step further, though, and anyone caught running away from a betting hall will receive the same
    penalty of a better, which is up to six months in prison and a 10,000 dollar fine.
  • Pakistan- Only bets on horseracing are allowed. All other forms of gambling may carry a 1,000 Pakistani-Rupee fine and a penalty of a year in prison.
  • UAE- Although some exceptions are made for poker and for sportsbetting, such as on horse or camel races, all other forms of gambling are illegal.
    Even though most betting websites are not blocked within the region, those who are caught using them can be imprisoned for up to two years and be fined as much as 20,000 dirhams.

Asia
GamblingIt’s always a wise idea to double check local laws if you’re visiting anywhere in Asia. Although some countries have clear guidelines, others have surprising ones.

Illegal Online Gambling Penalty Games

For instance, in Thailand, it’s illegal to even possess a deck of playing cards. Some of the better-defined laws are listed below.
  • China- Some forms of gambling are allowed, but they’re heavily restricted. Although the law doesn’t have a penalty for a casual ambler,
    someone who makes a living from it can be imprisoned for up to three years and be fined an undefined sum.
  • Hong Kong- There are only a few types of gabling permitted and it’s generally only allowed under certain circumstances.
    Those found guilty of illegal gambling may receive up to a 30,000-dollar fine and 9 months in prison.
  • Japan- Some types of gaming are permitted in Japan. However, if you opt for an illegal variety,
    you might be fined as much as 80,000 dollars and be imprisoned for three years.
  • Korea- Not only is betting banned in Korea, but Koreans are not allowed to gamble anywhere, ever.
    The penalty either way is the same, which can include 3 years in prison or a fine of as much as 20 million won.
  • Malaysia- There is only one casino in Malaysia where gambling is allowed.
    Outside of that, there may be a fine of 5,000 ringgit and a sentence of up to six months.
  • Singapore - There are only two betting venues that provide legal gambling opportunities in Singapore.
    Even online betting from another establishment can result in a 5,000 Singaporean-dollar fine and up to six months in prison.
  • Taiwan- It’s generally illegal to gamble in Taiwan, though there are some exceptions. Should you be caught betting,
    the police may confiscate all money on site and fine you as much as 3000 yuan, plus violators may spend as much as 3 years in prison.
  • Vietnam- The penalties for gambling in Vietnam vary by the total amount won or lost. For example, if you win or lose 50 million dong,
    you may be fined up to 30 million dong. However, it also comes with a minimum prison sentence of three years, but you could receive as many as seven.

Illegal online gambling penalty rulesOther Areas
Many other areas allow gambling, in its entirety, provided it’s done at a lawful, regulated establishment.
While Canada and the United States still have tighter restrictions on online gambling, the other countries detailed below are fairly lenient.
  • New Zealand
  • Spain
  • The UK

Laws throughout the world are continually changing, so if you travel and wish to gamble, always make sure you’ve checked the most recent gambling regulations.

Article 28: Miscellaneous Gambling Crimes

In the second half of Article 28 of the Illinois Criminal Code, legislators describe several other crimes relating to gambling. The first crime listed is keeping a gambling place, which occurs when a person operates a gambling institution in a manner not authorized by the Riverboat Gambling Act. A violation is a Class A misdemeanor.

Next, Article 28 mandates that anyone who purchases a federal gambling stamp must register with the county clerks office. Failure to do so is a Class B misdemeanor upon first offense. Other clauses in this section address the seizure of gambling devices and gambling funds as well as recovery of gambling losses. Details may be seen below in the text of the Illinois Criminal Code.

Need an Illinois criminal defense attorney? If you've been arrested or charged with a crime in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 28 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 28

Sec. 28-3. Keeping a Gambling Place.
(720 ILCS 5/28-3)

A 'gambling place' is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act or the Video Gaming Act. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony. When any premises is determined by the circuit court to be a gambling place:

(a) Such premises is a public nuisance and may be proceeded against as such, and

Gambling

(b) All licenses, permits or certificates issued by the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and

(c) Such premises of any person who knowingly permits thereon a violation of any Section of this Article shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article. (Source: P.A. 96-34, eff. 7-13-09.)

Sec. 28-4. Registration of Federal Gambling Stamps.
(720 ILCS 5/28-4)

Illegal Online Gambling Penalty

(a) Every person who has purchased a Federal Wagering Occupational Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, or a Federal Gaming Device Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, shall register forthwith such stamp or stamps with the county clerk's office in which he resides and the county clerk's office of each and every county in which he conducts any business. A violation of this Section is a Class B misdemeanor. A subsequent violation is a Class A misdemeanor.

(b) To register a stamp as required by this Section, each individual stamp purchaser and each member of a firm or association which is a stamp purchaser and, if such purchaser is corporate, the registered agent of the purchasing corporation shall deliver the stamp to the county clerk for inspection and shall under oath or affirmation complete and sign a registration form which shall state the full name and residence and business address of each purchaser and of each member of a purchasing firm or association and of each person employed or engaged in gambling on behalf of such purchaser, shall state the registered agent and registered address of a corporate purchaser, shall state each place where gambling is to be performed by or on behalf of the purchaser, and shall state the duration of validity of the stamp and the federal registration number and tax return number thereof. Any false statement in the registration form is material and is evidence of perjury.

(c) Within 3 days after such registration the county clerk shall by registered mail forward notice of such registration and a duplicate copy of each registration form to the Attorney General of this State, to the Chairman of the Illinois Liquor Control Commission, to the State's Attorney and Sheriff of each county wherein the stamp is registered, and to the principal official of the department of police of each city, village and incorporated town in this State wherein the stamp is registered or wherein the registrant maintains a business address. (Source: P. A. 77-2638.)

Sec. 28-5. Seizure of gambling devices and gambling funds.
(720 ILCS 5/28-5)

(a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a 'gambling device', and shall be subject to seizure, confiscation and destruction by the Department of State Police or by any municipal, or other local authority, within whose jurisdiction the same may be found. As used in this Section, a 'gambling device' includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in said device knows of the unlawful use of the device.

(b) Every gambling device shall be seized and forfeited to the county wherein such seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited to the county wherein such seizure occurs.

(c) If, within 60 days after any seizure pursuant to subparagraph (b) of this Section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon such charge shall, within 30 days after such judgment, conduct a forfeiture hearing to determine whether such property was a gambling device at the time of seizure. Such hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized property, a representation that written notice of the date, time and place of such hearing has been mailed to every such person by certified mail at least 10 days before such date, and a request for forfeiture. Every such person may appear as a party and present evidence at such hearing. The quantum of proof required shall be a preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized property was a gambling device at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered: a gambling device shall be received by the State's Attorney, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the county wherein such seizure occurred; money and other things of value shall be received by the State's Attorney and, upon liquidation, shall be deposited in the general fund of the county wherein such seizure occurred. However, in the event that a defendant raises the defense that the seized slot machine is an antique slot machine described in subparagraph (b) (7) of Section 28-1 of this Code and therefore he is exempt from the charge of a gambling activity participant, the seized antique slot machine shall not be destroyed or otherwise altered until a final determination is made by the Court as to whether it is such an antique slot machine. Upon a final determination by the Court of this question in favor of the defendant, such slot machine shall be immediately returned to the defendant. Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.

(d) If a seizure pursuant to subparagraph (b) of this Section is not followed by a charge pursuant to subparagraph (c) of this Section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal (1) the State's Attorney shall commence an in rem proceeding for the forfeiture and destruction of a gambling device, or for the forfeiture and deposit in the general fund of the county of any seized money or other things of value, or both, in the circuit court and (2) any person having any property interest in such seized gambling device, money or other thing of value may commence separate civil proceedings in the manner provided by law.

(e) Any gambling device displayed for sale to a riverboat gambling operation or used to train occupational licensees of a riverboat gambling operation as authorized under the Riverboat Gambling Act is exempt from seizure under this Section.

(f) Any gambling equipment, devices and supplies provided by a licensed supplier in accordance with the Riverboat Gambling Act which are removed from the riverboat for repair are exempt from seizure under this Section. (Source: P.A. 87-826.)

Sec. 28-7. Gambling contracts void.
(720 ILCS 5/28-7)

(a) All promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, drawn, or entered into, or executed by any person whatsoever, where the whole or any part of the consideration thereof is for any money or thing of value, won or obtained in violation of any Section of this Article are null and void.

(b) Any obligation void under this Section may be set aside and vacated by any court of competent jurisdiction, upon a complaint filed for that purpose, by the person so granting, giving, entering into, or executing the same, or by his executors or administrators, or by any creditor, heir, legatee, purchaser or other person interested therein; or if a judgment, the same may be set aside on motion of any person stated above, on due notice thereof given.

(c) No assignment of any obligation void under this Section may in any manner affect the defense of the person giving, granting, drawing, entering into or executing such obligation, or the remedies of any person interested therein.

(d) This Section shall not prevent a licensed owner of a riverboat gambling operation from instituting a cause of action to collect any amount due and owing under an extension of credit to a riverboat gambling patron as authorized under the Riverboat Gambling Act. (Source: P.A. 87-826.)

Sec. 28-8. Gambling losses recoverable.
(720 ILCS 5/28-8)

(a) Any person who by gambling shall lose to any other person, any sum of money or thing of value, amounting to the sum of $50 or more and shall pay or deliver the same or any part thereof, may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court. No person who accepts from another person for transmission, and transmits, either in his own name or in the name of such other person, any order for any transaction to be made upon, or who executes any order given to him by another person, or who executes any transaction for his own account on, any regular board of trade or commercial, commodity or stock exchange, shall, under any circumstances, be deemed a 'winner' of any moneys lost by such other person in or through any such transactions.

(b) If within 6 months, such person who under the terms of Subsection 28-8(a) is entitled to initiate action to recover his losses does not in fact pursue his remedy, any person may initiate a civil action against the winner. The court or the jury, as the case may be, shall determine the amount of the loss. After such determination, the court shall enter a judgment of triple the amount so determined. (Source: P.A. 79-1360.)

Sec. 28-9.
(720 ILCS 5/28-9)

At the option of the prosecuting attorney any prosecution under this Article may be commenced by an information as defined in Section 102-12 of the Code of Criminal Procedure of 1963. (Source: P. A. 76-1131.)

Return to Illinois Criminal Code of 1961 Table of Contents

Illegal Online Gambling Penalty Gambling

DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.